Order: RE#3: In addition to his statutory appeal, the defendant pro se filed directly in the Appeals Court a motion for the appointment of appellate counsel and sought a waiver of any appellate filing fee. The motion for appointment of appellate counsel was prematurely filed because the Superior Court has not yet issued a notice of assembly of the defendant's appeal of his conviction. For this reason, the defendant's appeal has not been entered in the Appeals Court. Thus, the defendant's motion for appointment of appellate counsel is denied without prejudice to refiling after the appeal is entered in the Appeals Court. See Mass. R. App. P. 10(a)(2) (appeals in criminal cases are entered upon their receipt; no entry fee is required). Any refiled motion shall be accompanied by a new Affidavit of Indigency (and Supplement to the Affidavit, if need be) on the forms promulgated by the Supreme Judicial Court, containing updated financial information regarding his income, assets and debts. (Katzmann, J.). *Notice/Attest/Fishman, J.

01/22/2013

#6

Motion to be declared indigent, filed by Zhan Tang Ting Huang.^

01/22/2013

#7

Motion for appointment of counsel for appeal from denial of Motion to be declared indigent in trial court, filed by Zhan Tang Ting Huang.^

01/22/2013

ORDER: Pursuant to G. L. c. 261, § 27D, defendant appeals from a Superior Court judge's denial of his motion to be declared indigent and for appointment of appellate counsel. See G. L. c. 261, §§ 27B & C. General Laws c. 261, § 27C(4) states, in relevant part, "[t]he court shall not deny any request without first holding a hearing thereon; and if there is an appeal pursuant to section twenty-seven D following a denial, the court shall, within three days, set forth its written findings and reasons justifying such denial, which document shall be a part of the record on appeal." General Laws c. 261, § 27D further provides that the record on appeal shall include "the affidavit and request, the court's findings and reasons for denial, and any other documents on file relevant to the appeal." Because the assembled record on appeal does not reveal whether a hearing occurred or whether written findings and reasons for the denial were issued, nor does it include copies of Papers No. 84-87 docketed below, the appeal is vacated without prejudice as premature and remanded to the Norfolk Superior Court for further proceedings, if necessary, complying with G.L. c. 261, § 27C, and for full assembly of the record consistent with G.L. c. 261, § 27D. So ordered. (Katzmann, J.). *Notice/Attest/Fishman, J.